The Carson City District Attorney's Office is seeking to sue a local business owner over his use of government property.
A portion of the building and business sign of Capitol City Loan, 5951 Highway 50 E. , sits on a piece of land controlled by the city. The business is owned by Bill Burnaugh, a former member of the board of supervisors.
Supervisors will be asked Thursday to allow the district attorney's office to file a lawsuit against Burnaugh, ordering him to remove vehicles sitting on the land. Burnaugh also could be asked to pay for any related environmental damage to the property.
"If (Burnaugh) had moved his cars a year ago, showed good faith, that might have been sufficient," said Michael Suglia, the city's deputy district attorney. "I don't think the city should grant him a special right to use our land."
Laura FitzSimmons, Burnaugh's attorney, said Burnaugh losing access to the land would "put him out of business."
"Who is (Burnaugh) harming? It's a little scrap of land that won't be of value to anyone else," FitzSimmons said. "This isn't something that impacts the community. It's just ridiculous."
"The city permitted the sign and landscaping," she said . "He's paid taxes on this land and he's stood ready, willing and able to purchase this land."
The property is next to the site where the Virginia & Truckee Railroad is being reconstructed as a tourist route, and related attractions - such as a Chinese Workers Museum and a large commercial development - are being planned.
When the dispute began in late 1990s, however, concern focused on how Burnaugh's occupancy would affect the agreement between the city and federal government about use of the land.
It was among 60 acres the city received in 1973 as part of a patent agreement with the U.S. Bureau of Land Management. The land was to be used expressly for "recreational and public purposes," such as JohnD Winters Centennial Park and Eagle Valley Golf Course.
Burnaugh bought his property in the early 1990s, with the building already in place.
City assessor's maps didn't show the government owning the property. This is why Burnaugh was permitted by the city to erect a sign on the land in 1994. A comparison in 2001 of the Capitol City Loan site with BLM documents showed the encroachment on less than an acre of land, however.
Jerry Vaccaro, now a retired businessman, used to run his own business at the location. He filed a complaint with the city and BLM about Burnaugh's use of the land in 1998. Vaccaro met with city officials last week and again urged them to take action against Burnaugh, stating that the continued misuse "has infuriated me."
Burnaugh "has defied your authority," Vaccaro said. "The city has refused to do anything."
"We recognize we have to maintain the property," said City Manager Linda Ritter, who said discussions have occurred between the city and FitzSimmons since the issue first surfaced. "The issue should have been resolved long ago."
The property, Ritter also said, might be needed for access to the railroad.
In May 2005, Burnaugh again was asked in writing by the city to remove the cars. According to the letter from the Parks and Recreation Department dated May 18, 2005, the city was trying to acquire the portion of land where the business sits from the federal government.
The city at that point wouldn't offer Burnaugh the opportunity to buy or lease the land because doing so could have put its agreement with the BLM in jeopardy, Suglia said.
Last week, Charles Kihm, a BLM realty specialist, assured the city it wouldn't try to take back control of the land, however.
The district attorney's office initially sought to fence off the land so Burnaugh couldn't use it. Now, Burnaugh will be granted "permissive use" of the property so vehicles can enter and exit Highway 50. In exchange for access to the highway, the city wants the land cleared of parked vehicles and for the site to be cleaned up, Suglia said.
If you go
WHAT: Carson City Board of
Supervisors meeting
WHEN: 8:30 a.m. Thursday
WHERE: Sierra Room, Carson City Community Center, 851 E. William St.
• Contact reporter Terri Harber at tharber @nevadaappeal.com or 882-2111, ext. 215.